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2006 SESSION
064198460Be it enacted by the General Assembly of Virginia:
1. That § 63.2-1732 of the Code of Virginia is amended and reenacted as follows:
§ 63.2-1732. Regulations for assisted living facilities.
A. The Board shall have the authority to adopt and enforce regulations to carry out the provisions of this subtitle and to protect the health, safety, welfare and individual rights of residents of assisted living facilities and to promote their highest level of functioning. Such regulations shall take into consideration cost constraints of smaller operations in complying with such regulations and shall provide a procedure whereby a licensee or applicant may request, and the Commissioner may grant, an allowable variance to a regulation pursuant to § 63.2-1703.
B. Regulations shall include standards for staff qualifications and training; facility design, functional design and equipment; services to be provided to residents; administration of medicine; allowable medical conditions for which care can be provided; and medical procedures to be followed by staff, including provisions for physicians' services, restorative care, and specialized rehabilitative services. The Board shall adopt regulations on qualifications and training for employees of an assisted living facility in a direct care position. "Direct care position" means supervisors, assistants, aides, or other employees of a facility who assist residents in their daily living activities.
C. Regulations for a Medication Management Plan in a licensed assisted living facility shall be developed by the Board, in consultation with the Board of Nursing and the Board of Pharmacy. Such regulations shall (i) establish the elements to be contained within a Medication Management Plan, including a demonstrated understanding of the responsibilities associated with medication management by the facility; standard operating and record-keeping procedures; staff qualifications, training and supervision; documentation of daily medication administration; and internal monitoring of plan conformance by the facility; (ii) include a requirement that each assisted living facility shall establish and maintain a written Medication Management Plan that has been approved by the Department; and (iii) provide that a facility's failure to conform to any approved Medication Management Plan shall be subject to the sanctions set forth in § 63.2-1709 or 63.2-1709.2.
D. Regulations shall require all licensed assisted
living facilities with six or more residents to be able to connect by July 1,
2007, to a temporary emergency electrical power source for the provision of
electricity during an interruption of the normal electric power supply. The
installation shall be in compliance with the Uniform Statewide Building Code.
D.E.
Regulations for medical procedures in assisted living facilities shall be
developed in consultation with the State Board of Health and adopted by the
Board, and compliance with these regulations shall be determined by Department
of Health or Department inspectors as provided by an interagency agreement
between the Department and the Department of Health.
E.F. In
developing regulations to determine the number of assisted living facilities
for which an assisted living facility administrator may serve as administrator
of record, the Board shall consider (i) the number of residents in each of the
facilities, (ii) the travel time between each of the facilities, and (iii) the
qualifications of the on-site manager under the supervision of the administrator
of record.